41 So. 902 | Ala. | 1906
This is a petition addressed to the chancellor asking a reference to ascertain the compensation reasonably earned by petitioners, as attorneys,- for services rendered respondent in a chancery suit, and for a decretal order declining to give effect to petitioners’ disr
The cause is submitted upon the- record and upon a motion for a rule nisi to the chancellor for a mandamus, or other remedial writ, commanding him to show cause Avhy he should not be required to decline to give effect to the discharge of the petitioners as solicitors for respondent until respondent shall have first either paid or secured the said petitioners a reasonable compensation for services they have already rendered him. As an appeal will not lie from’ the order dismissing the petition, the record is considered for the sole purpose of ascertaining Avhether the rule should issue as prayed. It must be observed, from reading the petition and motion that the question of substitution without- compensation is not presented for decision. The gravamen of the charge is the discharge of the attorneys without payment for sendees rendered, or the tender of payment or security, and a request to require payment as a condition precedent to a discharge. It is not alleged that the court has refused to recognize the attorneys as appearing of record for the defense, or that other attorneys have been substituted, or are about to be substituted, by order or Avith the consent of the court. I-Ience it follo-AVS that the only question presented is the right of the court, in a proceeding of this character, to require of defendant the payment to his attorneys of fees for- services rendered, or to properly secure the payment of such fees.
Pretermitting this inquiry, however,, it does not appear that movants have not an adequate' remedy at law. If they have rendered service under/contract, they may recover under it in a court of hrw'; and if not, and the respondent has received the bong-fit of such service and accepted it, they must recover /on a quantum meruit. It is only in cases where thej:^ exists a clear legal right, and there is no other adequate remedy, that mandamus will issue. If the right is doubtful, mandamus is not proper. It follows f/mn what has been said that the chancellor properly cdismissed the petition. It is also clear that the rule/should not issue.
The appeal on petition is dismissed; and the rule, nisi denied. /